Possession Of A Firearm By A Felon Lawyer in Albemarle County, Virginia
Possession of a firearm by a convicted felon in Albemarle County is a serious felony under Va. Code § 18.2-308.2, punishable by a mandatory minimum of 2 years in prison. Law Offices Of SRIS, P.C. provides a strong defense for this charge. Our team includes former prosecutors and a former Virginia State Trooper with direct insight into these cases. We offer 24/7 phone consultations.
Virginia Law on Felons Possessing Firearms
Under Virginia law, it is illegal for any person who has been convicted of a felony to knowingly possess, transport, or carry any firearm. This prohibition also extends to certain misdemeanor convictions for offenses like assault and battery of a family member. The statute is strict and carries severe penalties designed to prevent recidivism.
Last verified: April 2026 | Albemarle County General District Court | Virginia General Assembly
Official Legal Resources
For the full text of the law, refer to the Va. Code § 18.2-308.2 (official Virginia General Assembly website). Court procedures for Albemarle County can be found on the Albemarle County General District Court website.
Local Defense Strategy in Albemarle County
Defending a possession of a firearm by a felon charge requires challenging the prosecution’s evidence on multiple fronts. In Albemarle County General District Court, the Commonwealth’s Attorney must prove you are a convicted felon and that you knowingly possessed a firearm. A common defense involves challenging the legality of the search that discovered the weapon. If evidence was obtained without a proper warrant or probable cause, it may be suppressed.
- Initial Consultation & Case Review: Contact our firm immediately after arrest or charge. We will review the details of your prior conviction and the current allegations.
- Evidence Analysis: Our team, including former prosecutor Kristen Fisher, will scrutinize police reports, search warrants, and chain of custody for the firearm to identify weaknesses.
- Pre-Trial Motions: We file motions to suppress evidence if constitutional violations occurred during the search, seizure, or arrest.
- Negotiation & Trial Preparation: We engage with the Commonwealth’s Attorney to seek a reduction or alternative disposition. If no agreement is possible, we prepare for a vigorous trial in Albemarle County Circuit Court.
Penalties for Possession of a Firearm by a Felon in Virginia
In Albemarle County, possession of a firearm by a convicted felon is a Class 6 felony carrying a mandatory minimum sentence of 2 years in prison, with a maximum of 5 years.
| Offense | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| Possession of Firearm by Violent Felon | Class 6 Felony | Mandatory 2-year minimum, up to 5 years | Up to $2,500 | Permanent loss of firearm rights, felony record |
| Possession of Firearm by Non-Violent Felon | Class 6 Felony | Mandatory 2-year minimum, up to 5 years | Up to $2,500 | Permanent loss of firearm rights, felony record |
Results may vary. Prior results do not aim for a similar outcome.
Our Experience in Criminal Defense
Founded in 1997, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to every case. Our team includes former prosecutors and a former Virginia State Trooper, providing a unique perspective on building defenses against serious felony charges like firearm possession. We understand the tactics used by law enforcement and prosecutors in Albemarle County.
Case Results
Our firm has documented results in Albemarle County. In one case, a charge of driving on a suspended license was amended to a non-license violation. While this is a different charge, it demonstrates our active work and familiarity with the Albemarle County General District Court. Our secondary attorney on complex criminal matters, Mr. Sris, is a former prosecutor who founded the firm and personally amended Virginia’s equitable distribution statute, showcasing a deep commitment to impactful legal work.
Results may vary. Prior results do not aim for a similar outcome.
Law Offices Of SRIS, P.C.
Richmond Location — 7400 Beaufont Springs Dr, Suite 300, Rm 395, Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009 | Local: (888) 437-7747
By appointment only.
Our Richmond location serves clients at the Albemarle County courts in Charlottesville. We are your local possession of a firearm by a felon lawyer near Albemarle County, also serving the Charlottesville area, Crozet, Earlysville, Ivy, and North Garden. 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Frequently Asked Questions
What is the penalty for a misdemeanor in Albemarle County, Virginia?
A Class 1 misdemeanor in Albemarle County carries up to 12 months in jail and a $2,500 fine. A Class 2 misdemeanor: up to 6 months/$1,000. Common charges include assault and battery (§ 18.2-57), petit larceny under $1,000 (§ 18.2-96), and driving on suspended (§ 46.2-301).
Can criminal charges be expunged in Albemarle County, Virginia?
It depends. Virginia allows expungement for acquittals, dismissals, and nolle prosequi under Va. Code § 19.2-392.2. Most convictions cannot be expunged. The petition is filed in Albemarle County Circuit Court. First-offense marijuana possession may qualify through deferred disposition.
Do I need a criminal defense lawyer in Albemarle County, Virginia?
Yes. Criminal charges in Albemarle County are prosecuted by the Commonwealth’s Attorney. Even misdemeanors carry up to 12 months jail and create a permanent criminal record visible to employers. A drug crime attorney or other attorney can protect your rights from the start.
What is the difference between GDC and Circuit Court in Albemarle County?
Albemarle County General District Court handles misdemeanor trials and felony preliminary hearings. Albemarle County Circuit Court handles felony jury trials and appeals from GDC. You have an absolute right to a jury trial in Circuit Court for any offense carrying jail time.
What should I do if I’m charged with a drug crime related to a firearm?
Contact a narcotics defense lawyer immediately. Combining drug charges with firearm possession significantly increases potential penalties. A lawyer can analyze the evidence, such as whether the firearm was found during a search related to a drug possession lawyer case, and build a coordinated defense strategy.
Are penalties higher if drugs are found with the firearm?
Yes. Possession of a firearm while in possession of a Schedule I or II controlled substance lawyer is a separate, more severe felony under Va. Code § 18.2-308.4, with a mandatory minimum sentence of 5 years in prison.
Related Legal Services in Albemarle County
If you are facing other charges, our firm can help. We also handle DUI defense and family law matters in Albemarle County. For more information on criminal defense across Virginia, visit our Virginia criminal defense hub page. We also represent clients in nearby jurisdictions like Henrico County.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.